Posted: July 23, 2024
Rules of Civil Procedure – Comment Period Closes September 6, 2024
URCP005 AMEND. The proposed amendments to this rule take into account the new filings systems and ways in which service and filing can be accomplished. The major amendments include removing the list from paragraph (a), updating the methods of service found in paragraph (b), and a revised paragraph (d) for certificates of service. Amendments were also made to conform to the rules style guide, format for other rules, and to use plain language.
URCP 001 AMEND. The proposed amendments to this rule are to conform to the rules style guide. It was reviewed along with Rule 81 after the drafting of the new Rules of Business and Chancery Court Procedure.
URCP081 AMEND. The proposed amendments to this rule were proposed after the drafting and finalization of the new Rules of Business and Chancery Court Procedure, and to conform to the rules style guide.
URCP007A AMEND. The proposed amendments to rules 7A(h) and 37(b) were made to clarify the enforcement mechanisms found in rule 37(b) as opposed to using the motion to enforce order and for sanctions process found in rule 7A. This amendment also includes a proposal to delete subparagraph (b)(6) from Rule 37. The amendments to Rule 37 will be forthcoming as the proposals include additional language changes for subpoenas that are being made in conjunction with several other URCP rules.
URCP060 AMEND. The proposed amendments to this rule are to clarify the language found in subparagraph (d) and update the numbering found in subparagraph (b) to conform to the rules style guide.
Posted: July 11, 2024
Rules of Appellate Procedure Comment Period Closes August 25, 2024
URAP019 Rule 19. Extraordinary relief. Amend. The Committee proposes amending Rule 19 to update the reference to Rule 23C.
URAP021 Rule 21. Filing and service. Amend. The Committee proposes amending Rule 21 to: (1) remove the language “and accompanied by proof of service” in paragraph (c) because that language is unnecessary where paragraph (e) provides the requirements for proof of service; and (2) change “contact information” to “user accounts” to clarify that electronic service will occur on parties that have a user account.
URAP023C Rule 23C. Motion for emergency relief. Amend. The Committee proposes amending Rule 23C to: (1) change the term “emergency relief” to “expedited review” throughout the rule and further clarify that this rule cannot provide any substantive relief, but provides only a means for obtaining expedited review of a pending motion, petition, or appeal; (2) clarify the content length of a motion for expedited review; and (3) clean-up language for clarity and consistency.
URAP029 Rule 29. Oral Argument. Amend. The Committee proposes amending Rule 29 to add that a party may not reserve more than five minutes for rebuttal during oral argument.
Posted: July 11, 2024
Rules of Evidence – Comment Period Closes August 25, 2024
URE.0615 Excluding Witnesses. Amend. Changes are proposed to conform closely (but not completely) to recent amendments made to FRE 615. The proposed amendments clarify that witnesses may be excluded “from the courtroom or from a place where they can see or hear the proceedings;” specify that only “one” “officer or employee of a party that is not a natural person” be exempt from exclusion “if that officer or employee has been designated as the party’s representative by its attorney;” and add a new subparagraph (b) to clarify that the court may make other orders to “prohibit disclosure of trial testimony to excluded witnesses,” and to “prohibit excluded witnesses from accessing trial testimony.”
Posted: June 26, 2024
Code of Judicial Administration – Comment Period Closes August 10, 2024
CJA01-0205. Amend. Standing and ad hoc committees
CJA02-0102. New. Tribal Liaison Committee. The proposed amendments create a new Judicial Council standing committee, the Tribal Liaison Committee, to serve as a core leadership team for the Tribal Liaison and to provide subject matter expertise to the Council regarding matters impacting both the judiciary and tribal courts.
CJA03-0422. Amend. The proposed amendments formalize the existence of the Council’s consent calendar, list the items which may be placed on the calendar, outline the process for removing items from the calendar, and require a Council vote on items placed on the consent calendar.
CJA03-0501. Amend. The proposed amendments clarify policies regarding retirement benefits for commissioners and judges of courts of record and incentive benefits for active senior judges.
CJA04-0101.New. Manner of appearance. The Supreme Court recently published proposed rules of civil, criminal, and juvenile procedure which identify factors judges should consider when setting in-person, remote, and hybrid hearings. The procedural rules also specify how hearing participants may request to appear in a manner opposite of the initial court setting and provide factors judges should consider in approving or denying a participant’s request. Rule 4-101 is a new companion rule addressing notice and compliance.
Posted: May 28, 2024
Supreme Court Rules of Professional Practice – Comment Period Closes July 12, 2024
The purpose of these new rules is to align the governance structure of the Office of Legal Services Innovation and Legal Services Innovation Committee with the rule-based governance structures the Supreme Court uses to manage the Utah State Bar, Board of Mandatory Continuing Legal Education, and the Office of Professional Conduct. These new chapters do not amend or alter any existing practices or authorizations.
LSI11-0701.New. Legal Services Innovation Purpose
LSI11-0702.New. Legal Services Innovation Committee Composition
LSI11-0703.New. Disclosure, Recusal, Disqualification
LSI11-0704.New. Legal Services Innovation Office and Committee Powers
LSI11-0705.New. Entity Data
LSI11-0706.New. Non-traditional Legal Service Provides Assisting Clients in Court
Posted: May 21, 2024
Rules of Criminal Procedure – Comment Period Closes July 5, 2024
URCrP009A. Amend. The Utah Supreme Court’s Advisory Committee on the Rules of Criminal Procedure recently amended Rule 9A to include procedures related to defendants in custody on a bench warrant based on a failure to appear for a court proceeding. Once notified that a defendant has been arrested on a bench warrant, a court must set a bench hearing date following the defendant’s arrest. The amended Rule provides the timeframe in which the court must first schedule the bench hearing and the timeframe in which the court must hold the bench hearing. The Rule is approved for a 45-day public comment period.
Posted: May 21, 2024
Notice of Proposed Amendments to Utah Supreme Court’s Advisory Committee Rules – Comment Period Closes July 5, 2024
The Utah Supreme Court invites comments to the following proposed new rules. The comment period will close on July 5, 2024. The proposed rules identify factors judges should consider when setting in-person, remote, and hybrid hearings. The proposed rules also specify how hearing participants may request to appear in a manner opposite of the initial court setting. Finally, the proposed rules provide factors judges should consider in approving or denying a participant’s request.
URCP087. New. In-person, remote, and hybrid hearings; requests for accommodation.
URCrP017.05. New. In-person, remote, and hybrid hearings; requests for accommodation.
URJP061. New. In-person, remote, and hybrid hearings; requests for accommodation.
Posted: May 16, 2024
Rules of Juvenile Procedure – Comment Period Closes June 30, 2024
URJP019C.Amend. Regarding motions on the justification of the use of force, the proposed amendment to Rule 19C specifically adopts Rule 12(c)(3) of the Rules of Criminal Procedure. This amendment intends to clarify the relationship between statute, the Rules of Criminal Procedure, and the Rules of Juvenile Procedure as outlined in Rule 2 of the Rules of Juvenile Procedure.
Posted: May 15, 2024
Code of Judicial Administration – Comment Period Closes June 29, 2024
CJA04-0601. Selection of indigent aggravated murder and defense fund counsel (REPEAL)
Under Senate Bill 160, effective May 1, 2024, the Office of Indigent Defense Services will be responsible for administering the Indigent Aggravated Murder Defense Fund and assigning an indigent defense service provider to represent individuals prosecuted for aggravated murder. As such, rule 4-601 has been repealed.
CJA02-0212. Communication with the Office of Legislative Research and General Counsel (AMEND)
House Bill 344, effective May 1, 2024, combines the legislature’s “Judicial Rules Review Committee” and “Administrative Rules Review and General Oversight Committee” into one committee called the “Rules Review and General Oversight Committee.” The amendments bring the rule in line with new reporting requirements in the bill.
CJA04-0907. Divorce education and divorce orientation course (AMEND)
Under House Bill 337, effective May 1, 2024, the Judicial Council must provide a separate mandatory parenting course “for unmarried parties in a parentage action determining issues of child custody and parent-time.” Until the unmarried parties course is available, unmarried parties must attend the married parents course.